| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
23-835
|
Dominguez Ojeda v. Garland
Remand was necessary where immigration judge mistakenly believed it lacked authority to consider evidence not presented to asylum officer during reasonable fear screening. |
Immigration |
|
R. Desai | Aug. 30, 2024 |
|
21-1325
|
Zia v. Garland
Ninth Circuit lacked jurisdiction to address defendant's factual challenge to the adverse credibility finding made by the Bureau of Immigration Appeals. |
Immigration |
|
C. Callahan | Aug. 27, 2024 |
|
20-73293
|
Meza-Carmona v. Garland
Foreign-born appellant's application for citizenship was properly denied when he failed to show by preponderance of evidence that his mother met continuous physical presence requirement. |
Immigration |
|
A. Johnstone | Aug. 27, 2024 |
|
22-970
|
Amended Opinion: Tapia Coria v. Garland
Ninth Circuit lacked jurisdiction to review Board of Immigration Appeals determination because *Nasrallah v. Barr* abrogated the "on the merits" exception to the "criminal alien bar." |
Immigration |
|
D. Bress | Aug. 19, 2024 |
|
22-1910
|
Bent v. Garland
California Penal Code Section 1473.7(a)(1) does not allow for vacatur of state convictions solely to alleviate immigration consequences and therefore can affect a conviction's validity for immigration purposes. |
Immigration |
|
S. Mendoza | Aug. 16, 2024 |
|
23-16114
|
U.S. ex rel. Lesnik v. ISM Vuzem d.o.o.
Plaintiffs failed to allege a valid False Claims Act claim based on defendant employer applying for a cheaper visa because defendant had no obligation to pay for a more expensive visa. |
Immigration |
|
M. Schroeder | Aug. 13, 2024 |
|
20-10415
|
U.S. v. Valdivias-Soto
District court correctly dismissed indictment for illegal reentry, where translation errors invalidated defendant's waiver of his rights to counsel and to appeal. |
Immigration |
|
E. Korman | Aug. 12, 2024 |
|
22-35203
|
Nakka v. U.S. Citizenship and Immigration Services
While 8 U.S.C. Section 1252(a)(2)(B)(i) precludes review of the decision to deny an immigration status adjustment, it does not strip federal district courts of jurisdiction to hear collateral challenges. |
Immigration |
|
J. Sung | Aug. 7, 2024 |
|
23-308
|
Kumar v. Garland
An asylum petitioner demonstrated conduct rising to the level of persecution when he presented evidence of political/social opposition's use of physical violence in tandem with death threats. |
Immigration |
|
E. Wallach | Aug. 5, 2024 |
|
21-1228
|
G.C. v. Garland
During removal withholding proceedings, consideration of applicant's mental condition at time of his offense was properly limited to the extent to which applicant attributed his offense to his illness. |
Immigration |
|
L. VanDyke | Jul. 31, 2024 |
|
16-71315
|
Shen v. Garland
An adverse credibility determination of a flustered asylum petitioner was unduly influenced by a misstatement of Chinese law during a cross-examination. |
Immigration |
|
D. Collins | Jul. 25, 2024 |
|
22-507
|
Colin-Villavicencio v. Garland
Petitioner failed to demonstrate that she was eligible for derivative citizenship because her parents were not married and her father, who was not a naturalized citizen, acknowledged paternity. |
Immigration |
|
R. Nelson | Jul. 24, 2024 |
|
21-130
|
Gutierrez v. Garland
California carjacking under Cal. Pen. Code Section 215(a) is not a categorical crime of violence. |
Immigration |
|
R. Clifton | Jul. 3, 2024 |
|
23-204
|
Leon Perez v. Garland
The offense of attempted lewdness with a child under 14, in violation of Nevada law, constituted an attempted "sexual abuse of a minor" aggravated felony that rendered petitioner removable. |
Immigration |
|
M. Bennett | Jul. 1, 2024 |
|
19-72779
|
Cordero-Garcia v. Garland
Petitioner could not establish difference between state definition of obstruction of justice and generic federal offense after U.S. Supreme Court held no nexus to a pending proceeding was required. |
Immigration |
|
A. Hurwitz | Jun. 28, 2024 |
|
22-704
|
Alfaro Manzano v. Garland
Asylum seeker needed only to demonstrate that persecution for membership in a protected category was a central reason, not the but-for cause, of his circumstances to be eligible for asylum. |
Immigration |
|
W. Orrick | Jun. 26, 2024 |
|
23-334
|
Department of State v. Munoz
A U.S. citizen does not have a fundamental liberty interest in a noncitizen spouse being admitted to the country. |
Constitutional Law, Immigration |
|
A. Barrett | Jun. 24, 2024 |
|
23-459
|
Gonzalez-Lara v. Garland
Asylum seeker's petition was denied given substantial evidence supported that her fear of gangs from her native country was not objectively reasonable. |
Immigration |
|
S. Thomas | Jun. 18, 2024 |
|
21-30177
|
U.S. v. Leopoldo Rivera-Valdes
Defendant's deportation in absentia did not violate due process and the government was not required to take "additional reasonable steps" to notify defendant. |
Immigration |
|
P. Curiam (9th Cir.) | Jun. 18, 2024 |
|
22-674
|
Campos-Chaves v. Garland
In absentia removal orders are valid despite initially defective notices so long as a second notice clarifying the time and place of the hearing is properly given. |
Immigration |
|
S. Alito | Jun. 17, 2024 |
|
22-954
|
Smith v. Garland
Petitioner failed to preserve document authentication challenges in removability proceedings by challenging only the accuracy of the information on the documents, rather than whether the documents were what they purported to be. |
Immigration |
|
M. Christen | Jun. 4, 2024 |
|
19-72446
|
Suate-Orellana v. Garland
Board of Immigration Appeals' failure to consider asylum seeker's argument that her removal notice was legally deficient merited remand of her case for reconsideration of her claim in light of intervening authorities. |
Immigration |
|
J. Nguyen | May 8, 2024 |
|
17-10548
|
U.S. v. Hansen
Supreme Court's decision in *United States v. Hansen* compelled the insertion of an intentionality element into the jury instruction for encouraging or inducing an alien to reside unlawfully. |
Immigration |
|
R. Gould | Apr. 4, 2024 |
|
22-211
|
Singh v. Garland
Asylum seeker was erroneously denied a finding (and the associated burden-shifting presumption) that he suffered harm rising to the level of persecution. |
Immigration |
|
K. Vratil | Mar. 25, 2024 |
|
22-970
|
Tapia Coria v. Garland
Ninth Circuit lacked jurisdiction to review Board of Immigration Appeals determination because *Nasrallah v. Barr* abrogated the "on the merits" exception to the "criminal alien bar." |
Immigration |
|
D. Bress | Mar. 20, 2024 |
|
22-666
|
Wilkinson v. Garland
An Immigration Judge's "exceptional and extremely unusual" hardship determination was a mixed question of law and fact that was reviewable under 8 United States Code Section 1252(a)(2)(D). |
Immigration |
|
S. Sotomayor | Mar. 20, 2024 |
|
22-50146
|
U.S. v. Orozco-Orozco
California carjacking statute was not a categorical match for generic theft offense and could not serve as the predicate offense for expedited removal purposes under the Immigration and Nationality Act. |
Immigration |
|
M. Christen | Mar. 13, 2024 |
|
21-895
|
Kalulu v. Garland
Immigration Judge's determination that Zambian lesbian's claims of future persecution lacked credibility was supported by substantial evidence. |
Immigration |
|
L. VanDyke | Mar. 12, 2024 |
|
21-1244
|
Uribe Adrade v. Garland
Board of Immigration Appeals did not commit legal error in finding that asylum petitioner's proposed social group (Mexicans with psychotic mental health disorders) lacked particularity. |
Immigration |
|
D. Bress | Mar. 4, 2024 |
|
23-9
|
Guzman-Maldonado v. Garland
Under the categorical approach, state-level armed robbery conviction carrying prison term of more than one year was an aggravated felony for immigration removability purposes. |
Immigration |
|
A. Hurwitz | Feb. 15, 2024 |
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